sweet_jungle
07-27 05:17 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
wallpaper The Battle of The Java Sea
GotGoose?
04-26 08:12 AM
Very nice - I like the green one a lot too.
sku
12-25 03:19 PM
Hi
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
2011 01 The Fire at sea
anilkumar0902
12-19 05:07 PM
If your university is outside of USA, then how about you get a Foreign Credential Evaluation done..This will clearly state, if your educational qualifications are considered equivalent to a Masters in the USA..This will enable you to file your application with confidence...Talk to your lawyer.
Good luck.
Good luck.
more...
itsokgc
07-18 01:17 PM
Hi guys,
I have the following clarification:
Earlier, I was working with Employer A and came to US after getting H1-B stamped.
Subsequently, my spouse has got her H4 visa stamped.
So, both of our visas are valid till 30th Sept 2007. My wife joined me in December 2005.
Then I changed my employer in April 2006, where I got my I-129 approved from Employer B.
In the meantime, my wife/spouse went to India in April 2006 & came back to US using old visa on July 15th 2006.
At port of Entry she got I-94 valid till 30th Sept 2007 (validity date of the old visa A)
I never got her I-94/H4 using the new I-129 from Employer B (Current Employer).
On July 3rd, I submitted my I-485 AOS for both of us.
I have the following question:
1. Is her I-94 still valid based on the old visa ?
2. Will there be any issues for not filing for H4 visa till now, even though I am planning to
apply right away as her I-94 is getting expired on 30th Sept 2007.
3. Is she out of Status as I left the old employer more than 180 days ago.
4. Will she have any issues as far as AOS is concerned.
Your valuable views will be highly appreciated.
I have the following clarification:
Earlier, I was working with Employer A and came to US after getting H1-B stamped.
Subsequently, my spouse has got her H4 visa stamped.
So, both of our visas are valid till 30th Sept 2007. My wife joined me in December 2005.
Then I changed my employer in April 2006, where I got my I-129 approved from Employer B.
In the meantime, my wife/spouse went to India in April 2006 & came back to US using old visa on July 15th 2006.
At port of Entry she got I-94 valid till 30th Sept 2007 (validity date of the old visa A)
I never got her I-94/H4 using the new I-129 from Employer B (Current Employer).
On July 3rd, I submitted my I-485 AOS for both of us.
I have the following question:
1. Is her I-94 still valid based on the old visa ?
2. Will there be any issues for not filing for H4 visa till now, even though I am planning to
apply right away as her I-94 is getting expired on 30th Sept 2007.
3. Is she out of Status as I left the old employer more than 180 days ago.
4. Will she have any issues as far as AOS is concerned.
Your valuable views will be highly appreciated.
smarth
10-04 09:00 PM
Which center did your application went? What is RD and ND?
more...
![Map Of Java Sea. Map of Yellow Sea [~~~~~] with](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_tJWJKU7ZO84xcNnF5LSe5YYX7GIGiNTcNkVJ9yW3dxDi311HyPcFu1COeVuO_q8QrpbEuK9x619NqQS7q3xHHniimxmwcmB_Cc0dyEZeWw7mFSAjYK_8CfWe1LvLLlEWvJYT70b8o=s0-d "Map of Yellow Sea [~~~~~] with")
anyluck?
06-18 12:58 AM
Hi
My wife is on H4 visa.She got an offer from Non profit organization and they are ready to do H1B.As it is Non profit Organization is that correct she can start working as soon as H1B is approved.
Is it possible to Transfer H1b in future to regular company if H1B quota exists.
Are there any restrictions involved.
Can any one please shed some light for me.
Thanks
My wife is on H4 visa.She got an offer from Non profit organization and they are ready to do H1B.As it is Non profit Organization is that correct she can start working as soon as H1B is approved.
Is it possible to Transfer H1b in future to regular company if H1B quota exists.
Are there any restrictions involved.
Can any one please shed some light for me.
Thanks
2010 Battle of the Java Sea
snedle
06-17 09:13 PM
Only after you get your green card.
more...
a_yaja
03-09 07:40 PM
Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
hair Sea) and Phase 2 (Java Sea
rotucan
03-27 02:51 PM
Now because all embassies and consulates required to use PIMS to verify your H1B status... sometimes takes several weeks to get the passport stamped. In my case takes 3 weeks after interview to get my passport back (embassy at Lima, Peru).
So beware of the timing
I just bring a copy of my wife H1B approval and copy of lasts taxes ... just in case
So beware of the timing
I just bring a copy of my wife H1B approval and copy of lasts taxes ... just in case
more...
sk.aggarwal
10-26 10:41 AM
How long does it takes to get any thing back on FOIA request. I send over the documents a month back, havent heard anything back. Not even my position in the queue. How long does it takes?
hot Java Sea, Indonesia
milind70
06-15 09:15 PM
My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
more...
house Java sea | Best Tourism Place
puddonhead
08-17 04:40 PM
HI
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.
I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.
Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.
I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.
Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.
tattoo Even though the map showed
desi_doc
09-25 09:46 PM
How did you apply for I485 with PD of Nov 07 ? I dont think Nov 07 was ever current.
I have similar PD Nov 07 EB2
I have similar PD Nov 07 EB2
more...
pictures Map of Yellow Sea [~~~~~] with
vayumahesh
03-31 05:28 PM
I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
dresses Sunset over the Java Sea,
raj2007
02-17 11:23 PM
But what about extension based on appeal
You can file extension based on labor. are you in eb2 0r eb3?
You can file extension based on labor. are you in eb2 0r eb3?
more...
makeup than us#39; in the Java Sea!
ns521
12-20 08:27 AM
My wife changed her status from B2 to H1 in US.Her H1 was approved without any problems.Could that cause any probelms in the future when she applies for green card.What is the chance to get her H1 denied in the consulate if she travels abroad because she changed from visitor to work visa in US?
Thanks
Thanks
girlfriend The Java Sea is a large
gcdreamer05
09-12 10:07 AM
Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
hairstyles Map 2-2: Settlements in the
gc_on_demand
03-10 03:29 PM
Hello Every one
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
arti.jain
11-07 06:45 PM
I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
kaisersose
08-22 06:02 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.
if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.
if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.
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